TERMS AND CONDITIONS FOR YELLABUCKSSM Contractor LOYALTY REWARDS PROGRAM
- The YellaBucksSM Contractor Loyalty Rewards Program (the “Program”) is designed to reward professional contractors who purchase YellaWood® brand products. The Program is a part of the YellaSource® Contractor Loyalty Program of Great Southern Wood Preserving, Incorporated (“GSW”), which is a comprehensive marketing program directed toward professional contractors.
- YellaBucksSM are accrued at a rate of 1.5% of the invoice price (not including taxes, shipping, or other charges and less returns and credits) for purchases of YellaWood® brand products and qualifying building products distributed by GSW or certain of its Affiliates (defined below). Members of the Program (“Member(s)” or “YellaSource Contractor(s)”) are responsible for sending photocopies (or electronic copies by email or upload) of receipts for purchases of these products to Great Southern Wood Preserving, Incorporated, Box 610, Abbeville, AL 36310 or e-mail to firstname.lastname@example.org or by uploading through the YellaSouce.com website. No YellaBucksSM credits are granted unless GSW receives and approves the Member’s receipts (or copies of the receipts). All receipts (and copies) must be clear, legible, and complete in GSW’s opinion for the Member to receive YellaBucksSM credits. GSW has the right, but not the obligation, to reasonably investigate any receipts submitted to confirm their accuracy, authenticity, and applicability. YellaBucksSM are redeemable on the YellaSource.com website. One YellaBuck (or portion thereof) is approximately the equivalent of one dollar (or portion thereof), more or less, to be applied solely toward approved advertising efforts, promotions, other marketing programs, or tools used in the regular course of business at GSW’s sole discretion. Members must have accrued and maintain a balance of 100 YellaBucksSM to be eligible to spend earned credits. Members’ YellaBucksSM credit balances are tracked and shown on the YellaSource® website. “Affiliates” of GSW means brother/sister entities, subsidiaries, parents, and any other entity that directly or indirectly, controls, is controlled by, or is under common control with, GSW.
- The accumulation and maintenance of YellaBucksSM is subject to the Program rules. Each YellaSource Contractor is responsible for reading the rules and account statements in order to understand his, her, or its rights, responsibilities, and status in the Program, as well as the approval process required to redeem YellaBucksSM (such items being the “Rewards” or, individually, a “Reward”).
- The Rewards structure and percentage credits are subject to modification, cancellation, or limitation at GSW’s discretion without notice. Any Reward may be withdrawn, and restrictions on any Reward may be imposed by GSW at any time, at GSW’s discretion, with thirty (30) days’ notice.
- GSW has the right to change, limit, modify or cancel the Program rules at any time, with or without notice, even though such changes may affect the redemption value of YellaBucksSM, the ability to obtain certain Rewards or kinds of Rewards, or otherwise. GSW may, among other things: (a) increase or decrease the number of YellaBucksSM required to be redeemed in order to acquire any particular Reward, (b) withdraw, limit, modify, or cancel any Reward, or (c) change Program benefits, terms of participation, rules for earning, redeeming, retaining, or forfeiting YellaBucksSM, or rules governing the use of YellaBucksSM for Rewards. In accumulating YellaBucksSM, Program participants may not rely upon continued availability of any Reward or Reward level.
- Notwithstanding anything else in these terms and conditions to the contrary, GSW has the right to terminate the Program in its entirety by providing written notice to the Members at least thirty (30) days in advance of Program termination. In that event, the right to earn YellaBucksSM and redeem YellaBucksSM for Rewards shall end thirty (30) days after notification, no matter the extent of Member participation in the Program, amount of YellaBucksSM held, or otherwise. GSW may terminate the Program earlier (with less than 30 days’ notice), in whole or in part (including, without limitation, the right to earn or redeem YellaBucksSM as described in the previous sentence), in any jurisdictions if required to do so by applicable law.
- Only professional building contractors will be accepted for membership in the Program, upon providing GSW with the contractor’s name, address, e-mail address, and phone number. Upon receiving acknowledgement by GSW of its receipt of all required information and its approval, an applicant becomes a YellaSource Contractor eligible to earn YellaBucksSM to be redeemed for Rewards in accordance with the Program rules. GSW reserves the right to exclude any applicant from membership in the Program in its sole discretion. The Member has the sole responsibility to keep all contact and other information on record with GSW current and accurate at all times. YellaBucksSM are not transferable from a Member to any other contractor, individual, or entity, whether or not such other contractor, individual, or entity is a Member. Applicants agree that, whether or not accepted into the Program, they are bound by the provisions of these Terms and Conditions (under the definition of Member), but until and unless accepted into the Program, they are not entitled to participate in the Program.
- Members must remain active in the Program to retain YellaBucksSM that they accumulate. A Member remains “active” if they log into their YellaSource® account, submit YellaBucksSM receipts by email, mail or website upload or communicate with an authorized YellaSource® representative at least once per quarter during the calendar year. YellaBucksSM expire three (3) years from the date the associated invoice is properly submitted to GSW. While GSW may send reminders to Members of the upcoming expiration of YellaBucksSM, such notices are provided as a courtesy only. Each Member is solely and exclusively responsible for tracking all expiration dates for any YellaBucksSM earned, and GSW is not responsible or otherwise liable for the expiration of any YellaBucksSM or for any failure to notify any Member in advance of the upcoming expiration of that Member’s YellaBucksSM.
- Under no circumstances are YellaBucksSM redeemable for cash or any consideration other than Rewards expressly included in the Program. The Program, the award, retention, and use of YellaBucksSM, and the Rewards obtained by a Member through the Program may be subject to tax liability. Any tax liability, including disclosure, reporting, and payment, connected with the receipt or use of the Program, YellaBucksSM, or Rewards is the sole and exclusive responsibility of the Member, not GSW.
- All Rewards and other goods bought, redeemed, and/or received are provided “AS IS” with no representation or warranty. GSW AND THE AFFILIATES DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND REPRESENTATIONS RELATING TO SUCH GOODS AND REWARDS, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Neither GSW nor the Affiliates are responsible or liable to any Member, and each Member releases and agrees never to bring suit against GSW, the Affiliates, and/or their employees, officers, directors, representatives, and/or agents for, any damages or losses related to, arising from, or in connection with (a) participation in the Program, (b) errors in the Program’s performance whether within or beyond GSW’s or the Affiliates’ reasonable control, and (c) receipt, possession, ownership, or use of any Reward or other item received through purchases using earned YellaBucksSM. Each Member hereby indemnifies and holds GSW, the Affiliates and their employees, officers, directors, representatives, and agents (collectively, the “Indemnitees”) harmless from and against any damage, claim, action, cause of action, liability, cost, or expense (including attorneys’ fees) incurred by the Indemnitees in connection with, related to, or in association with the Member’s (i) fraud, dishonesty, or inaccuracies in connection with its participation in the Program, (ii) violation of these Terms and Conditions, and/or (ii) receipt, possession, ownership, or use of any Reward or other item received from the Program. GSW reserves the right, in its sole discretion, to disqualify from participation in the Program any Member found to have violated or be violating these Terms and Conditions or to have provided any false, untrue, or inaccurate information, materials, receipts, or statements in connection with the Program. Any YellaBucksSM accrued by such Member shall be immediately cancelled and forfeited upon such disqualification.
- MEMBERS IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, SUIT, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH THE PROGRAM AND/OR THE TRANSACTIONS CONTEMPLATED BY THE PROGRAM AND AGREE THAT SUCH MATTERS WILL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.
- Members agree that they will resolve any demands, disputes, claims, or suits related to, arising from, or in connection with the Program (collectively, the “Claims”) on an individual basis and that any Claims must be brought in the Member’s individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. Members further agree that they shall no participate in any class action (existing or future) brought by any third party in connection with Claims. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then it will apply to those parts.
- Members irrevocably and unconditionally agree that they will not commence any action, litigation, or proceeding of any kind whatsoever against any other party in any way arising from, related to, or in connection with the Program and/or the transactions contemplated by the Program, in any forum other than the state courts of Henry County, Alabama, and they waive objection to personal jurisdiction and venue of such courts.
GENERAL TERMS AND CONDITIONS
All homeowners, prospective homeowners, persons or entities with other interests in real estate, and the general public are advised that YellaSource Contractors are not affiliated with, related to, or agents or representatives of and do not have authority to act for Great Southern Wood Preserving, Incorporated (“GSW”) or its Affiliates. “Affiliates” of GSW means brother/sister entities, subsidiaries, parents, and any other entity that directly or indirectly, controls, is controlled by, or is under common control with, GSW. All contractors are independently owned and operated and are completely separate and apart from GSW and its Affiliates. GSW AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR, AND SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, LIABILITY AND RESPONSIBILITY FOR, THE PERFORMANCE OR WORK PRODUCT OF ANY CONTRACTOR, INCLUDING WITHOUT LIMITATION, THE QUALITY, FITNESS, MERCHANTABILITY, AND SUITABILITY THEREOF. GSW AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, AS TO THE PERFORMANCE OR WORK PRODUCT OF ANY CONTRACTOR AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The homeowner, prospective homeowner, any other person or entity with an interest in real estate, and members of the general public are solely responsible for selecting a contractor based on his/her/its individual assessment, evaluation, and research of each contractor. The appearance of any GSW or its Affiliate(s) trademark, service mark, trade name, trade dress, or any other indicia of GSW or its Affiliate(s) on any construction plans, designs, drawings, proposals, bids, specification sheets, or other similar materials of any contractor or the designation of a contractor as a YellaSource Contractor does not constitute an approval, acceptance, recommendation, endorsement, warranty, or representation by GSW or its Affiliates of or about the contractor, such materials or the content thereof, or the work product of such contractor. Carefully review all proposals, designs, plans, and specifications you receive from any contractor to be sure you are fully aware of your contractor’s design plan and proposed labor and materials. Contractors are not required to use, and in some cases may decide not to use, GSW or its Affiliate products in their construction projects.
SUPPLEMENTAL TERMS AND CONDITIONS FOR YELLASOURCESM CONTRACTOR WEB PAGES
In addition to the General Terms and Conditions of this website, to which each contractor hereby consents and agrees (except that to the extent the General Terms and Conditions directly conflict with these Supplemental Terms and Conditions, these Supplemental Terms and Conditions shall control), each contractor that uses or accesses the YellaSourceSM Contractor Program (“Program”) webpages of Great Southern Wood Preserving, Incorporated (“GSW”) is further subject to, and agrees to, these Supplemental Terms and Conditions:
- Any contractor that so qualifies under the guidelines established by GSW from time to time may identify itself as a YellaSource Contractor, but only in accordance with the specific terms and conditions of these Supplemental Terms and Conditions. GSW retains the sole and exclusive right to determine whether a contractor initially qualifies and continues to qualify as a YellaSource Contractor. If GSW notifies a contractor that it does not initially qualify or no longer qualifies, that contractor shall immediately cease all use of the Program and the GSW materials provided as part of the Program and shall cease all references to itself as a YellaSource Contractor (or as a former YellaSource Contractor). Any contractor that is qualified as a YellaSource Contractor shall reasonably cooperate with GSW’s efforts to determine if such contractor continues to qualify as a YellaSource Contractor .
- GSW retains the full and absolute right and discretion to require, for any reason whatsoever, that any contractor immediately cease use of the Program, all materials provided through the Program, and its YellaSource Contractor designation.
- Each contractor acknowledges that the requirements for designation as a YellaSource Contractor are continuing and that such requirements may change from time to time at GSW’s sole discretion. All contractors are subject to any such changed or revised requirements. Further, each contractor acknowledges and agrees that GSW has the sole and exclusive right to terminate the Program and cease all aspects thereof, and require any or all contractors immediately to cease all use of GSW materials provided as a part of the Program and to cease all reference to being a YellaSource Contractor or former YellaSource Contractor (and all contractors agree to immediately cease all such uses and references), all at any time without any advance notice.
- Each contractor may use “Great Southern Wood,” “YellaWood®,” “YellaSource®,” or any other trademark, service mark, logo, trade name, corporate name, or other identifier of GSW or its goods and services (including being designated as a YellaSource Contractor) only in the manner and to the extent expressly preapproved by GSW. Contractors have no ownership, licensing, or other rights in and to any GSW or its Affiliate(s) trademark, service mark, copyright, trade name, trade secret, patent, or other intellectual property rights except for the limited, nonexclusive, and revocable license to use certain materials and identifiers as expressly granted and approved by GSW pursuant to these terms and conditions, which granting and approval may be denied or withdrawn at any time by GSW for any or no reason whatsoever. “Affiliates” of GSW means brother/sister entities, subsidiaries, parents, and any other entity that directly or indirectly, controls, is controlled by, or is under common control with, GSW.
- GSW AND ITS AFFILIATES HEREBY DISCLAIM ANY AND ALL LIABILITY, WARRANTIES, AND REPRESENTATIONS WHATSOEVER FOR THE CONTENTS OF AND YOUR USE OF ANY GSW OR ITS AFFILIATES MARKETING, PROMOTIONAL, OR OTHER MATERIALS PROVIDED TO YOU THROUGH THE PROGRAM OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GSW HAS NO LIABILITY TO ANY CONTRACTOR FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHERWISE (WHETHER BASED IN CONTRACT, TORT, OR OTHER THEORY), RESULTING FROM THE CONTRACTOR’S PARTICIPATION IN, AND USE OF, THE PROGRAM AND THE MATERIALS PROVIDED THROUGH THE PROGRAM. EACH CONTRACTOR HEREBY RELEASES GSW FROM ANY AND ALL CLAIMS, ACTIONS, AND CAUSES OF ACTION ARISING FROM, RELATED TO, OR ASSOCIATED WITH THE PROGRAM AND THE MATERIALS PROVIDED THROUGH THE PROGRAM.
- All marketing and promotional materials, including all websites and social media, in which a contractor is identified as a YellaSource Contractor must contain the following language in a size, form, and location as approved by GSW: YellaSource Contractors are not affiliated with, related to, or agents or representatives of Great Southern Wood Preserving, Incorporated (“GSW”) or its Affiliates. “Affiliates” of GSW means brother/sister entities, subsidiaries, parents, and any other entity that directly or indirectly, controls, is controlled by, or is under common control with, GSW. All contractors are independently owned and operated and are completely separate and apart from GSW and its Affiliates. GSW and its Affiliates are not responsible for, and specifically disclaim any and all liability for, the performance and work product of any contractor, including the quality, fitness, safety, and suitability thereof. The homeowner, prospective homeowner, any other person or entity with a real estate interest, and members of the general public are solely responsible for selecting a contractor based on his/her/its individual assessment, evaluation, and research of each contractor.
- Each contractor participating in the Program or using the YellaSource® webpages indemnifies and defends GSW, its Affiliates, and their officers, directors, employees, representatives, and agents from and against any and all claims, demands, expenses, damages and costs (including all expenses in defense and settlement thereof, including attorneys’ fees) made against any of them by any third party, or incurred directly by any of them, relating to, arising from, or in connection with (a) any construction, renovation, or other proposal made by the contractor, (b) any construction, renovation, or other work performed by the contractor, (c) the quality, safety, suitability, or fitness of any such construction, renovation, or other work, (d) any personal injury (including, without limitation, disease, illness, physical, and mental injury), death or property damage related to, arising from, or in connection wtih any such construction, renovation, or other work, (e) any representations, warranties, or commitments made by the contactor in connection with such construction, renovation, or other work, (f) any other acts or omissions of the contractor, and/or (g) fraud, dishonesty, or inaccuracies in connection with the contractor’s participation in the Program.
- Each contractor agrees never to state, suggest, or imply that it is related in any way with GSW or its Affiliates, that it has authority to act for GSW or its Affiliates, or that GSW or its Affiliate(s) have recommended the contractor for any particular job, contract, or service.
- GSW reserves the right, in its sole discretion, to disqualify from participation in the Program any contractor found to have violated or be violating these Supplemental Terms and Conditions or to have provided any false, untrue, or inaccurate information, materials, receipts, or statements in connection with the Program.